Judgment of the Court (First Chamber) of 19 December 2019 — HK v European Commission, Council of the European Union

(Case C-460/18 P) (1)

(Appeal - Civil service - Staff Regulations of Officials of the European Union - Article 1d - First paragraph of Article 17 of Annex VIII - Pension for the surviving spouse - Conditions for granting - Concept of ‘surviving spouse’ of a Union official - Marriage and non-marital partnership - Cohabitation - Principle of non-discrimination - Comparable situation - None - Condition of duration of marriage - Combating fraud - Justification)

(2020/C 68/08)

Language of the case: French

Parties

Appellant: HK (represented by: S. Rodrigues and A. Champetier, avocats)

Other parties to the proceedings: European Commission (represented by: G. Gattinara and B. Mongin, Agents), Council of the European Union (represented by: M. Bauer and R. Meyer, Agents)

Operative part of the judgment

The Court:

1.	Sets aside the judgment of the General Court of the European Union of 3 May 2018, HK v Commission (T-574/16, not published, EU:T:2018:252);

2.	Dismisses HK’s action seeking annulment of European Commission’s decision refusing to grant him the benefit of the survivor’s pension and to pay compensation for the material and non-material damage alleged;

3.	Orders HK, the European Commission and the Council of the European Union to bear their own costs at first instance and on appeal.

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(1)  OJ C 381, 22.10.2018.